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Journal articles on the topic 'Judge-made law – France'

Author: Grafiati
Published: 10 March 2023
Last updated: 31 July 2025

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1

Schönfeld, K. M. "Rex, Lex et Judex." European Constitutional Law Review 4, no. 2 (2008): 274–301. http://dx.doi.org/10.1017/s1574019608002745.

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Doubts about the traditional, positivistic interpretation of Montesquieu's ‘bouche de la loi’-text – Reading Montesquieu in his historical context – England and France: judge made law and parlementaire ideology – Natural law context – Lex animata, lex loquens: King versus judge – The Ciceronian and English background of the ‘bouche de la loi’ – The Fronde and les Mazarinades – George Buchanan, Sir Edward Coke and Calvin's Case
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2

Gray, Christine. "The 2017 Judicial Activity of the International Court of Justice." American Journal of International Law 112, no. 2 (2018): 254–73. http://dx.doi.org/10.1017/ajil.2018.42.

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In 2017 the International Court of Justice (ICJ or Court) made only procedural decisions, one on preliminary objections, one on counterclaims, and two on provisional measures. Three other new applications were made to the Court, all linked to earlier cases: Malaysia applied for the revision, and interpretation, of the judgment in the Pedra Branca/Pulau Batu Puteh case; and Costa Rica brought a case against Nicaragua concerning their land boundary in the area of Los Portillos, the latest in a long line of cases between the two states. Judges Ronny Abraham (France), Dalveer Bhandari (India), Ant
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3

Boskovic, Olivera. "A RESPONSABILIDADE CIVIL DAS EMPRESAS GIGANTES DA INTERNET." Law, State and Telecommunications Review 12, no. 1 (2020): 159–86. http://dx.doi.org/10.26512/lstr.v12i1.30003.

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Objective ”“ The article offers an original contribution to the debate about the application of substantive law and the eligible jurisdiction that should judge the liabilities disputes between the so-called Internet giants' enterprises and the users.
 Methodology/approach/design ”“ The article brings a bibliographical and case law review of both France and the European Union about International Private Law applicable to the liability violations made by the so-called Internet giants' enterprises.
 Findings ”“ The article shows a legal theory central problem, which is the best way to d
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4

Sharif, Ammara, Shan Ali, Amina Iqbal, and Mahrukh Khalid. "Public Policy Barricading the Foreign Arbitral Award: A Comparative Analysis between UK, USA & France." International Journal of Criminology and Sociology 10 (December 31, 2021): 1765–76. http://dx.doi.org/10.6000/1929-4409.2021.10.199.

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The concept of public policy in International Arbitration is still extremely contentious, controversial, and complicated in modern times. Although legislation related to arbitration and practise have attempted to harmonise public policy so that parties may benefit from a globally recognised idea, judicial courts have made this effort almost difficult by giving a very loose & broad definition in the name of public policy. Moreover, the New York Convention gives little direction to national courts on how to interpret the public policy claim. In the name of local contract laws and fundamental
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5

Kishore, R. R. "Vincent Lambert, Dignity in Dying and the European Court: A Critical Evaluation and the Global Reflections." European Journal of Health Law 23, no. 2 (2016): 141–57. http://dx.doi.org/10.1163/15718093-12341381.

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In this article I analyse the verdict of the European Court of Human Rights in the Case of Lambert and Others v. France, delivered on 5 June 2015, affirming the Conseil d’État’s decision holding that the withdrawal of artificial nutrition and hydration from Vincent Lambert, a French national lying in tetraplegia and persistent vegetative state, was consistent with French domestic law and the European Convention for the Protection of Human Rights and Fundamental Freedoms. In order to make a comparative evaluation I give an account of judicial decisions across the world and find that the Europea
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6

Spire, Alexis. "Discretionary power as a political weapon against foreigners." Etikk i praksis - Nordic Journal of Applied Ethics, no. 2 (December 21, 2020): 89–106. http://dx.doi.org/10.5324/eip.v14i2.3479.

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The administrative practices of officials who process the admission of immigrants show severe variations in the ways in which migration policy is enforced on the ground. For the author, inequality of treatment lies in the very hierarchy of tasks and services of what he dubs, following Pierre Bourdieu, the immigration "field". According to the author, the governments’ securitizing priorities favour the sort of suspicion towards foreigners that the media then reproduces, thus authorizing so-called street-level bureaucrats to act with great leeway with regard to immigrants. Under pressure, govern
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7

Novitasari, Choirunnisa Nur. "Analisis Putusan Mahkamah Internasional dalam Kasus Sengketa Indonesia-Malaysia Mengenai Pulau Sipadan dan Ligitan." Digest: Journal of Jurisprudence and Legisprudence 2, no. 2 (2021): 231–62. http://dx.doi.org/10.15294/digest.v2i2.48638.

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Disputes between Indonesia and Malaysia in the International Court of Justice on the issues of the islands of Sipadan and Ligitan continued to roll throughout the year until 1997 both countries raised this issue in international law. The two islands which are located in the center of Indonesia, precisely in the Makassar Strait, were finally won by the Malaysian side on December 17, 2002 The Court finally decided that Malaysia is the party that has full sovereignty over Sipadan Island and Ligitan Island. In its decision. The court made the doctrine of "ejfectivites" the main consideration for d
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8

Тересита Рендон, Уэрта Баррера, та Е. В. Сидорова. "Потенциал и риски внедрения Big Data и прогнозной аналитики в систему административной юстиции". СОВРЕМЕННОЕ ПРАВО, № 5 (3 червня 2025): 94–101. https://doi.org/10.25799/ni.2025.51.16.021.

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Административная юрисдикция играет ключевую роль в разрешении споров между гражданами и государственными органами. Ее истоки восходят к наполеоновской Франции, где в 1799 году был создан Государственный совет, заложивший основы современной административной юстиции. Однако сегодня эта система сталкивается с новыми вызовами, такими как популизм, социальное неравенство, технологическая трансформация и ослабление принципов правового государства. В этом контексте административная юрисдикция должна развиваться в сторону более гибкой и эффективной модели, способной оперативно реагировать на потребнос
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9

Plomp, Michiel. "'Een merkwaardige verzameling Teekeningen' door Leonaert Bramer." Oud Holland - Quarterly for Dutch Art History 100, no. 2 (1986): 81–151. http://dx.doi.org/10.1163/187501786x00458.

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AbstractA century ago the Rijksprentenkabinet in Amsterdam acquired a 19th-century album containing 56 rapid sketches in black chalk after 17th-century, mostly Dutch paintings (Note 1). The sketches, which are numberd, have the names of the painters wrillen on them in the artist's own hand. They were first published in 1895 (Note 2) by E. W. Moes, who concluded that they were by a Delft artist, and C. Hofstede de Groot, who convincingly attributed them to Leonaert Bramer (1596-1674) and identified two of the paintings in question. Since then various other paintings have been identified (Notes
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10

Abed Al Dayem, Assistant Lecturer Ahmed Abed Al Salam. "The Scope of Constitutional Control of Laws on the Basis of General Unwritten Legal Principles - A Comparative Study." Journal of Juridical and Political Science 9, no. 1 (2020). http://dx.doi.org/10.55716/jjps.2020.9.1.12.

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Undoubtedly, the constitution is the supreme law in the state, which is overarching from other laws, except that it (i.e. the constitution) is, eventually, a man-made legislation ,therefore, it would not be reasonable to fully cover all disputes, consequently, the judge will find a solution for the dispute which is presented to him in the case of a lack of legislation, and this solution is found by the judge contributes to the establishment of a legal rule if it would be taken by other courts, where this rule is called general legal principles. The position of jurisprudence, has differed in th
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11

Hilaire, Jean. "UNE SOURCE À REDÉCOUVRIR: LES PREMIÈRES ARCHIVES DU PARLEMENT DE PARIS, LES OLIM (1254-1318)." Istituto Lombardo - Accademia di Scienze e Lettere - Rendiconti di Lettere, September 11, 2015. http://dx.doi.org/10.4081/let.2012.188.

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During the XIII century the king of France, king-judge, exercised his sovereign power surrounded by his vassals and above all by his advisers, clergymen with a juridical education in Roman law and Canon law, from which the importance of these judicial sessions at court. Louis IX (St. Louis) strengthened the role and the importance of it through a great reform of the procedure that enlarged the access to the royal justice of appeal to the generality of the subjects. The rigor of the new procedure was also prescribed for the same royal agents as the respect of the “common good” – that is to say
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12

Pujiyono, Pujiyono, Bambang Waluyo, and Reda Manthovani. "Legal threats against the existence of famous brands a study on the dispute of the brand Pierre Cardin in Indonesia." International Journal of Law and Management ahead-of-print, ahead-of-print (2020). http://dx.doi.org/10.1108/ijlma-01-2018-0006.

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Purpose The purpose of this paper is to analyze how Indonesian laws regulate the existence of famous brand. In case of brand Pierre Cardin, which had the elements of a famous brand including brand reputation obtained because of the public’s general knowledge, intensive and massive promotion, investment made by the owner in several countries, including Indonesia. Design/methodology/approach This study is a normative legal research conducted statutory approach reviews through court decisions in Indonesia which related to famous brands such as Pierre Cardin. The analytical method analyzes the law
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13

Forgues, Chantalle. "Fair Use in the Rag Trade: In Defense of the Fashion Industry’s Casual Appropriation of Artwork." Columbia Journal of Law & the Arts 46, no. 2 (2023). http://dx.doi.org/10.52214/jla.v46i2.11020.

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Throughout history, the concept of appropriation has been understood as an act by which an interloper takes the work of another without consent and uses it for a different, typically self-serving, purpose. This concept, however, has become increasingly misapplied by courts in the context of art, and is particularly flawed when applied to fashion art. Recent federal case law purporting to clarify the appropriation doctrine for the art world has only served to muddle it further, as judges have struggled to make determinations on issues of artistry. As such, the existing rules are not only muddy,
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14

Wasser, Frederick. "When Did They Copyright the World Without Us Noticing?" M/C Journal 8, no. 3 (2005). http://dx.doi.org/10.5204/mcj.2363.

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 Preface
 
 In the last twelve years of following copyright developments, I have witnessed an accelerating growth in the agitation over its application and increasing cries for reform. This was triggered by a mounting corporate hysteria for strengthening copyright which seems to mask other anxieties and other issues of bad faith beside the one at hand. This is in contrast with the more reasonable stance of the U.S. government in the 1980s when Congress refused to regulate video rentals and the Courts refused to cite the video recorder for ‘contributory infringemen
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15

Wolbring, Gregor. "A Culture of Neglect: Climate Discourse and Disabled People." M/C Journal 12, no. 4 (2009). http://dx.doi.org/10.5204/mcj.173.

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Introduction The scientific validity of climate change claims, how to intervene (if at all) in environmental, economic, political and social consequences of climate change, and the adaptation and mitigation needed with any given climate change scenario, are contested areas of public, policy and academic discourses. For marginalised populations, the climate discourses around adaptation, mitigation, vulnerability and resilience are of particular importance. This paper considers the silence around disabled people in these discourses. Marci Roth of the Spinal Cord Injury Association testified befo
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16

Nairn, Angelique. "Crafting the Grotesque." M/C Journal 28, no. 2 (2025). https://doi.org/10.5204/mcj.3164.

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Introduction Special effects (SFX) makeup has long been a powerful tool in the world of performance, used to transform, distort, and reimagine the human form in service of storytelling. From the eerie creatures of horror to the fantastical beings of science fiction, prosthetic makeup plays a crucial role in shaping the visual language of genre media. The American television show Face Off (2011-2018) brought this behind-the-scenes artistry to the forefront, offering viewers an in-depth look at the creative processes of professional special effects and prosthetic makeup artists. Running for 13 s
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17

Siemienowicz, Rochelle. "Diary of a Film Reviewer." M/C Journal 8, no. 5 (2005). http://dx.doi.org/10.5204/mcj.2409.

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 All critics declare not only their judgment of the work but also their claim to the right to talk about it and judge it. In short, they take part in a struggle for the monopoly of legitimate discourse about the work of art, and consequently in the production of the value of the work of art. (Pierre Bourdieu 36).
 
 
 As it becomes blindingly obvious that ‘cultural production’, including the cinema, now underpins an economy every bit as brutal in its nascent state as the Industrial Revolution was for its victims 200 years ago, both critique and cinephilia see
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